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MACK TRUCKS, INC. v. BENDIX-WESTINGHOUSE AUTO. A. B. CO.

No. 15539.

372 F.2d 18 (1966)

MACK TRUCKS, INC., Appellant, v. BENDIX-WESTINGHOUSE AUTOMOTIVE AIR BRAKE COMPANY, v. LATROBE DIE CASTING COMPANY, Third-Party Defendant.

United States Court of Appeals Third Circuit.

Decided December 15, 1966.

Rehearing Denied January 18, 1967.

Attorney(s) appearing for the Case

Joseph B. Bagley, Pittsburgh, Pa. (Robert N. Peirce, Jr., Hess, Hess & Bagley, Pittsburgh, Pa., on the brief), for appellant.

Joseph F. Weis, Jr., Pittsburgh, Pa. (Weis & Weis, Pittsburgh, Pa., on the brief), for appellee Bendix-Westinghouse Automotive Air Brake Co.

Arthur R. Gorr, Pittsburgh, Pa. (Arthur G. Stein, Stein & Winters, Pittsburgh, Pa., on the brief), for appellee Latrobe Die Casting Co.

Before McLAUGHLIN, HASTIE and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

This is an action for indemnity. It is of federal cognizance solely under diversity jurisdiction. The District Court for the Western District of Pennsylvania dismissed the action as barred by the statute of limitations. This appeal followed.

The claim for indemnity arose in this way. Bendix-Westinghouse Automotive Air Brake Co. sold brake pedal assemblies, manufactured for it by Latrobe Die Casting Co....

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